Agenda - 06-03-1991 - Laserfiche WebLink

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2. What #re development rights? 3. Fee simple ownership (the full ownership) of land may be defi ed as a "bundle" or set of rights, including the following: The right to keep others off the land; The right to sell or bequeath an interest in or right to all or part of the land to someone else; The right to use the land for farming, forestry, and outdoor recreation; and - Thel right to build structures on or beneath the land. The latter constitutes the "development rights" attached to a parcel of land. The extent or amount of such rights is limited by restrictions embodied in health and building codes, and whatever zoning that may exist. As an example, a person may own a 100 -acre farm. If his /her property was zoned to allow one dwelling unit per acre, he /she would have development rights for 100 units. In rural areas without public utilities available, the actual number of units or development rights might be even lower, particularly where poor soils existed and insufficient area was available for septic fields for all 100 units. The o jectives of agricultural preservation may be served by removing the development rights from the bundle of rights which comprise full -fee ownership of farm property. The acquisition of development rights and their separation from the property is equivalent to the acquisition of an easement on thB property and is alternatively referred to as the acquisition of a development or conservation easement. Known as "negative" easements, they simply prevent the owner from oing something with his /her land; e.g., developing it. Each Basement can be tailored to the parcel to which it applies, specifying what type of development will and will not be al owed. Development rights apply to each specific parcel of property. There ore, their removal must be accomplished parcel -by- parcel and r corded with each deed. The resulting lien on the property typically "runs with the land," that is, it is bind* g on subsequent purchasers and can be enforced against them y the agency or organization which holds the development right . How is the value of development rights determined? One o the most difficult aspects of a PDR program is deter ining the value of development rights. For purposes of this report, only the valuation of development rights for Page - 5